Back / lumbar spine decisions — 2004

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of entitlement to service connection for a back disorder, which was previously denied in February 1996. The case is remanded for further development.

The VA determined that the veteran's claimed degenerative changes of the lumbar spine with history of injury is not related to his active military service and denied his claim.

The Board has determined that the appellant's current back disability and right ear hearing loss are not related to his military service, as there is no evidence of such disabilities during or within one year after service. The claim for service connection is therefore denied.

The Board has determined that the veteran's claimed back and right knee disabilities are not service-connected, as there is no competent medical evidence linking these conditions to his period of active military service.

The veteran's claims for service connection for a chronic back disorder and a left hip disorder, claimed as secondary to the back disorder, are being remanded due to the need for additional development of his medical records.

The Board has ordered further development due to pending issues regarding the veteran's low back disorder. The case is now being sent for additional examination and evaluation.

The veteran's appeal is being remanded for additional development, including obtaining service medical and personnel records and scheduling a VA orthopedic examination.

The Board has granted service connection for degenerative changes of the lumbosacral spine and right hip osteoarthritis, finding that these conditions are as likely as not due to injuries sustained during active duty.

The Board denied the appellant's claim for DIC under 38 U.S.C.A. § 1318 based on entitlement to a total disability rating for a continuous period of at least 10 years prior to death, finding that the veteran did not meet the criteria as his service-connected disabilities were rated less than totally disabling and he was not in receipt of compensation due solely to clear and unmistakable error (CUE) in a VA decision concerning the issue of service connection, disability evaluation, or effective date.

The veteran's claim for TDIU was granted effective September 23, 1999. The Board found that the evidence prior to this date did not meet the percentage requirements for TDIU but determined that due to his service-connected disabilities and unemployment, he is unemployable.

The Board has reopened the veteran's claim for service connection of a low back condition due to new evidence submitted since the last denial in December 1995.

The veteran's appeal is being remanded for further development, including a new VA examination and medical opinion to determine the current severity of his service-connected arthritis of the lumbar spine. The RO must also ensure that all notification and development action required by the Veterans Claims Assistance Act of 2000 are completed.

The Board has determined that the veteran's service-connected disabilities are of such severity as to preclude him from obtaining or retaining a substantially gainful occupation, warranting a total disability rating for compensation purposes.

The Board has remanded the case due to the need for additional development and notification under the VCAA.

The veteran's appeal is being remanded for further development, including obtaining medical records and a VA examination.

The Board has determined that the veteran's lumbosacral degenerative joint and disc disease is at least as likely as not caused by his service-connected bilateral hallux valgus disability, resulting in a grant of service connection for this condition.

The Board found no relationship between the veteran's current back disability and his military service, and denied the claim for service connection. The issue of stomach disability is addressed in a separate remand.

The Board has denied the veteran's claim for service connection for a back disability, finding that it is not related to his in-service injury and thus decided on the merits.

The Board has determined that the veteran's gunshot wound injury to Muscle Group XIX warrants a 10 percent evaluation, as it is no more than moderate.

The Board has determined that the veteran does not have a current diagnosis of right hip or back disorders and thus, service connection for these conditions cannot be granted.